HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION Nos.28879 & 28472 of 2010 DATED: 17.04.2014 WP No.28879 of 2010:
Between:
Kallurupalli Grampanchayat, Rep. by its Sarpanch ... Petitioner And The Nellore Municipal Corporation, rep. by its Commissioner & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION Nos.28879 & 28472 of 2010 COMMON ORDER:
Heard the learned counsel for the petitioners and the learned standing counsel for the first respondent in both the writ petitions. These two writ petitions are filed seeking the same relief and hence, they are being disposed of by way of common order.
2. WP No.28879 of 2010 was filed by Kallurupalli Gramapanchayat, whereas, WP No.28472 of 2010 was filed by an individual. The common grievance of the petitioners is that Kallurupalli Gramapanchayat is situated in Nellore Rural Mandal. There is one Kotha Cheruvu in Sy.No.8 of Kallurupalli village in an extent of Ac.77.46 cents, which is a minor irrigation source as well as drinking water source to the said village. The said Kotha Cheruvu is meant for common benefit of the villagers from times immemorial and it is rain fed tank, serving the needs of drinking water of the villagers. The gramapanchayat dug big well and was supplying water to the villagers through pipelines from the said well. From 2010 onwards, the 1st respondent started dumping of garbage into the said tank and the said garbage contains carcass of dead bodies, hospital bio-waste, municipal waste etc. Thus it has become a breeding ground for all kinds of diseases. Though the District Collector issued proceedings on 19.03.2002 directing the Mandal Revenue Officer, Nellore, to give advance possession of land admeasuring Ac.32.12 cents out of Ac.37.12 cents in Sy.No.66/1 of Kallurupalli village for the purpose of dumping yard, the 1st respondent has stopped the dumping in the said yard and started dumping in Kotha Cheruvu in Sy.No.8 of Kallurupalli village. In those circumstances, the gramapanchayat passed resolution dated 12.11.2010 and also submitted a representation to the respondents to stop dumping in the tank and when no action was taken, the present writ petition was filed. It is the case of the petitioners that on the earlier occasion when the Government tried to convert the said tank into the house sites, the Grampanchayat filed WP No.26288 of 2006. This Court by order dated 16.12.2006 directed the respondents not to convert the minor irrigation source for the purpose of house sites. The 4th respondent vide his letter dated 30.01.2009 brought to the notice of the 1st respondent requesting the 1st respondent to shift the dumping site and dump the solid waste in accordance with the guidelines of the Municipal Solid Wastes (Management and Handling) Rules, 2000 for scientific way of disposal of municipal solid waste.
3. Learned counsel for the petitioners relied on a decision in
[1]
‘Smt. C.Umadevi vs. Govt. of A.P., ’ wherein this Court issued certain directions to the Visakhapatnam Municipal Corporation, when it was trying to dump solid waste in garbage in the park meant for public.
4. Learned Standing counsel for the first respondent after several adjournments, filed a memo with an undertaking to remove the garbage in the subject land, which reads as follows:
“It is most respectfully submitted that the Respondent Nellore Municipal Corporation is not using and dumping any type of waste at Sy.No.8 of Kallurpalli village dumping yard from 2010 onwards. I am giving undertaking to remove garbage in the above said tank.
Sd/- Commissioner Municipal Corporation of Nellore Sworn & signed before me on this the 15th day of April, 2014 at Nellore.”
5. In view of the undertaking given by the 1st respondent, these two writ petitions are allowed directing the 1st respondent not to use Kotha Cheruvu tank in Sy.No.8 of Kallurupalli, as a dumping yard and the 1st respondent is also directed to remove the garbage from the said tank, within a period of three months from the date of receipt of a copy of this order and restore the tank to its original condition. Pending miscellaneous petitions in these two writ petitions, if any, shall stand closed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 17.04.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 1 WRIT PETITION Nos.28879 & 28472 of 2010 Date: 17.04.2014 BSS
[1] AIR 2001 AP 460